Court bars INEC from recognising ADC caretaker congresses, restrains David Mark, others

The Federal High Court in Abuja on Wednesday barred the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by a disputed caretaker leadership of the African Democratic Congress (ADC).

The judge, Joyce Abdulmalik, also restrained former Senate President David Mark and other party figures from interfering in the functions and tenure of elected state executives.

The decision came on Wednesday as a crucial Supreme Court judgement on the lingering leadership crisis of the party is being awaited. On 22 April, the Supreme Court reserved judgement on an appeal brought by the Mr Mark-led faction of the party.

Ms Abdulmalik delivered her judgement in a suit filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees. The suit challenged the legality of actions taken by a caretaker or interim national leadership.

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The plaintiffs argued that the caretaker body lacked the constitutional authority to organise state congresses or appoint committees for that purpose. They asked the court to affirm their tenure and stop any parallel process.

In her judgement, Ms Abdulmalik noted that she found “the issue in the originating summons meritorious”.

She said the germane issue was whether the second to sixth defendants, including Mr Mark, had constitutional or statutory authority to assume the powers of an elected state organ of the ADC, whose tenure is constitutionally guaranteed.

According to her, section 223 of the 1999 Constitution provides that political parties shall conduct periodic elections on a democratic basis, while article 23 of the party’s constitution provides that national and state officers shall hold office for a maximum of two terms of eight years.

Ms Abdulmalik said, therefore, that “the question is whether there is any infraction committed by Mr Mark and co-defendants when they convened meetings and appointed a body known as a congress committee to organise state congresses.”

On the issue of internal affairs of political parties raised by the defendants, she noted that “the law is settled that courts will not interfere. However, where there is an allegation of breach of constitutional or statutory provisions, the court has a duty to intervene.”

“Where a party alleges that its constitution has been violated, the court is bound to adjudicate. Any argument that this court lacks jurisdiction on that basis fails,” she ruled.

She held that political parties must comply strictly with their constitutions and that courts can intervene where there is a breach of constitutional or statutory provisions.

She found that the procedure adopted by the defendants, including the appointment of a “congress committee”, is not recognised by the party’s constitution.

The judge ruled that the tenure of state executive committees remains valid and must be allowed to run its course. She said only those elected structures have the authority to organise state congresses.

The court set aside the appointment of the committee and restrained INEC from recognising any congress organised by it.

It also restrained Mr Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution.

The judge further restrained them from taking steps that could undermine or disrupt the authority of the state executive committees.

The suit

The suit was instituted by way of originating summons by the plaintiffs, led by Mr Obinna and six others. They sued on behalf of state chairmen and executive committees of the ADC.

The defendants include the ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.

The plaintiffs challenged the legality of caretaker or interim national working committees and urged the court to restrain INEC from recognising or participating in any congress organised by the caretaker committee.

The plaintiffs contended that, under the party’s constitution and the 1999 Constitution (as amended), the tenure of state executive committees subsists until valid congresses are conducted, and that any attempt to bypass them undermines internal party democracy.

However, the defendants, in preliminary objections, counter affidavits and written addresses, urged the court to dismiss the suit.

Mr Mark and others argued that the matter relates to internal affairs of a political party, is not justiciable, that the plaintiffs lack locus standi, and that the suit is incompetent.

Preliminary objections failed

Before delving into the merit of the case in its judgement, the court reviewed and dismissed the preliminary objections filed by the defendants.

On jurisdiction, Ms Abdulmalik held that “the subject matter of the plaintiff’s action pertains to the affairs of INEC,” and therefore falls within the jurisdiction of the Federal High Court under section 251 of the Constitution.

On the defendants’ argument that the plaintiffs failed to exhaust internal dispute resolution mechanisms, the judge declined to uphold the objection at that stage. She held that determining that issue would amount to deciding substantive questions prematurely.

On locus standi (the legal right to sue), she held that “the plaintiffs’ locus standi and capacity emanate from the alleged violation” and that they share a common grievance, making the representative action proper.

Consequently, she held that the objections lacked merit and dismissed them.

Ultimate resolution

The resolution to the ADC’s crisis ultimately lies with the Supreme Court, as aggrieved parties are likely going to go up the judicial ladder to the final court to challenge unfavourable decisions of the lower courts.

READ ALSO: ADC writes CJN, urges speedy ruling on leadership dispute

Meanwhile, while that plays out, the Supreme Court expected to give a crucial judgement on the crisis soon. On 22 April, the court heard an appeal brought by Mr Mark’s faction and promised to later announce a judgement date.

Although the appeal is on a narrow issue of whether the Federal High Court in Abuja, where the suit originated had jurisdiction to hear the ADC case, the Supreme Court verdict on it can resolve the crisis or give the Federal High Court to conclude the case before it.

On 14 April, Judge Emeka Nwite of the Federal High Court in Abuja, the court of first instance regarding the matter, adjourned hearing indefinitely to await the decision of the Supreme Court.